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(영문) 서울고등법원 2018.07.10 2017나2020225
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 105,358,439 as well as January 2016.

Reasons

1. Basic facts

A. The Defendant is an educational foundation that establishes and operates a lifelong education center affiliated with C University (hereinafter “Lifelong Education Center”), and the Plaintiff is registered as a family member of H’s representative director of G Co., Ltd. (hereinafter “G”), from March 9, 2009, as a family member of H.

B. On December 2, 2008, G entered into an agreement with the Defendant to establish and operate a media entertainment course, which is managed by G in the curriculum of the Lifelong Education Institute, and operated the media entertainment course (hereinafter “the instant course”).

Article 1 [Purpose] The purpose of this Convention is to establish the media entertainment department organized by the Plaintiff in the curriculum operated by the Defendant, and to prescribe matters concerning the overall operation of the department.

Article 2 [Curriculum]

1. Name of curriculum: The Ministry of Media Entertainment;

2. Contents of a curriculum: The curriculum is to complete majors in a degree course operated by the defendant, obtain degrees in the name of the president and train practical experts.

3. Period of education: Article 3 [Period of contract and extension] from 1 semester to 10 semesters (10 subjects per semester) (1) Contract period is from 27 March 27, 2013 to 28 February 2015.

(2) Where the cause for termination of a contract arises (Articles 9 and 11), the defendant may notify the plaintiff of the termination, and the defendant shall notify the plaintiff of the termination six months prior to the expiration of the contract.

(3) The extension of a contract shall be made through mutual consultation six months prior to the expiration of the contract and, if there is no defendant's declaration of intention, the contract period shall be extended by two years.

Article 4 (Apportionment of Expenses) (1) The roles of the defendant are as follows:

5. Article 6 (Distribution of Agreements) (1) The defendant shall pay 80% of the amount calculated by subtracting operating expenses from the tuition fees to the plaintiff.

(Operating Expenses refers to Article 7). Article 7 (Operation Expenses) (1) Operation Expenses shall include tuition fees and tuition cards.

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